Relationship between Constitutional law and Administrative Law (Notes)

Constitutional Law and Administrative Law are two distinct but closely related branches of public law that govern the functioning of the state and its organs. Here's how they relate to each other:


1) Definition and Scope

Constitutional Law: It deals with the fundamental principles and structures of the government, the distribution of powers among various organs of the state (Legislature, Executive, and Judiciary), and the protection of fundamental rights of individuals. It lays down the supreme law of the land.

Administrative Law: It focuses on the rules, regulations, and procedures through which the Executive exercises its powers and performs its functions. It governs the administrative actions and ensures that these actions comply with the law.

2) Foundation

Constitutional Law is the source of power for Administrative Law. It provides the framework within which the executive and administrative bodies operate. It defines the scope and limits of their powers.

Administrative Law operates within the framework established by Constitutional Law. It is a subordinate legislation that ensures that the executive's actions do not exceed the powers granted by the Constitution.

3) Protection of Rights

Constitutional Law protects the fundamental rights of individuals against arbitrary actions of the state. It provides remedies like writs under Articles 32 and 226 of the Indian Constitution for enforcement of these rights.

Administrative Law protects the rights of individuals by ensuring that administrative actions are fair, reasonable, and within the limits of the law. It provides mechanisms like tribunals, commissions, and administrative appeals to address grievances.

4) Judicial Review

Constitutional Law lays the foundation for judicial review, allowing the courts to examine the constitutionality of laws and executive actions.

Administrative Law expands on judicial review by enabling courts to scrutinize administrative actions for procedural and

substantive fairness, legality, and reasonableness.

5) Delegated Legislation

Constitutional Law permits the delegation of legislative powers to the executive, which is a key feature of modern governance. This delegation is subject to the principles laid down in the Constitution.

Administrative Law deals extensively with delegated legislation, ensuring that the rules and regulations made by the executive comply with the parent statute and do not infringe on constitutional provisions.

6) Separation of Powers

Constitutional Law embodies the doctrine of separation of powers, ensuring that the Legislature, Executive, and Judiciary function independently within their domains.

Administrative Law recognizes the necessity of interactions between these branches, especially the executive’s need to perform quasi-legislative (rule-making) and quasi-judicial (adjudicatory) functions.

7) Accountability

Constitutional Law establishes mechanisms for the accountability of the government and its officials, such as the requirement of ministerial responsibility to the Legislature.

Administrative Law provides for the accountability of administrative authorities through administrative tribunals, ombudsman, and judicial oversight.

8) Evolution

Constitutional Law provides the static structure of governance, though it can be amended to meet evolving needs.

Administrative Law is dynamic, continuously evolving through judicial decisions and legislative amendments to address new administrative challenges.


By, 

Adv. Harashavardhan (Bhaiya) Deshmukh

(Pune Maharashtra)

Mail: dabangglawyer@gmail.com , Contact: 8483882344

Follow @DabanggLawyer 

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